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Code · BILL · 118th Congress · S. 367 (Introduced in Senate) — To promote economic and commercial opportunities internationally, and for other purposes. · Sec. 202

Sec. 202. Direction to embassy deal teams

1,028 words·~5 min read·/bill/118/s/367/is/section-202

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The purposes of deal teams at United States embassies and consulates are— to promote a private sector-led approach to advance economic growth and job creation, tailored as appropriate to specific economic sectors and while advancing strategic partnerships; to prioritize efforts to identify commercial opportunities, advocate for improvements in the business and investment climate, engage and consult with private sector partners, and report on such activities, in compliance with the applicable requirements of the Championing American Business Through Diplomacy Act of 2019 (title VII of division J of Public Law 116–94 ; 22 U.S.C. 9901 et seq. ); to identify trade and investment opportunities for United States companies in foreign markets, or assist with existing trade and investment opportunities already identified by United States companies, and deploy United States Government economic and other tools to help such United States companies to secure their objectives; to identify and facilitate opportunities for entities in a host country to increase exports to or investment in the United States in order to grow two-way trade and investment; to modernize, streamline, and improve access to resources and services designed to promote increased trade and investment opportunities; to identify and secure United States or allied government support, including through the Strategic Infrastructure Fund authorized under section 303(c), of strategic projects, including projects vulnerable to predatory investment by an authoritarian country or entity in such country, where support or investment serves an important United States interest; to coordinate across the Unites States Government to ensure the appropriate and most effective use of United States Government tools to support United States economic and commercial objectives; and to coordinate with the Central Deal Team located in the United States on all these and other relevant matters.
A deal team may, but does not have to, consist of the same personnel as a mission economic team formed pursuant to subsection (e)(3) of section 207 of the Foreign Service Act of 1980 ( 22 U.S.C. 3927 ), as added by section 201 of this Act. Deal teams may not provide support for, or assist a United States person with a transaction with, a government, or an entity owned or controlled by a government, if the Secretary of State has determined that the government— has repeatedly provided support for acts of international terrorism for purposes of— section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (subtitle B of title XVII of Public Law 115–232 ); section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) ); section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) ); or any other relevant provision of law; or has engaged in a consistent pattern of gross violations of internationally recognized human rights for purposes of section 116(a) or 502B(a)(2) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(a) and 2304(a)(2)) or any other relevant provision of law.
Deal teams may not carry out activities prohibited under United States sanctions laws or regulations, including dealings with persons on the list of specially designated persons and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury, except to the extent otherwise authorized by the Secretary of the Treasury or the Secretary of State. Any person receiving support from a deal team must be in compliance with all United States sanctions laws and regulations as a condition for receiving such assistance.
The chief of mission is the designated leader of a deal team in a given partner country, and shall be held accountable for the performance and effectiveness of United States deal teams in that country. Not later than January 31 each year, the Secretary of State shall send an All Diplomatic and Consular Posts (ALDAC) guidance cable on the role of deal teams that includes relevant and up-to-date information to enhance the effectiveness of deal teams in-country. The requirement of an annual ALDAC shall not be construed to preclude the Secretary of State from sending other communications to overseas posts regarding deal teams.
Not later than February 10 of each year, the Secretary of State shall certify to Congress that the cable required under subsection
(f)was transmitted as an All Diplomatic and Consular Posts (ALDAC) cable, and shall provide a brief summary of the cable, including any major updates or changes compared with the prior annual guidance cable. Concurrently with the certification required under subsection (h), the Secretary of State shall submit an unclassified report to the appropriate congressional committees on the activities, achievements, and failures of deal teams, which shall include— a description of the nature and extent of coordination among relevant Federal departments and agencies; the dollar value of deals successfully completed by deal teams, disaggregated by country; the number of United States companies assisted by deal teams who achieved their objectives; the percentage of United States companies assisted by deal teams who achieved their objectives; a description of any exports to or investment into the United States by partner countries facilitated by deal teams; examples of successful investments, deals, or transactions in the infrastructure, energy, and digital sectors; examples where deal team support prevented predatory financing or other involvement by an authoritarian actor; and examples of failures of deal teams to achieve stated objectives, any lessons learned, and how deal teams will improve based on those lessons learned. In preparing the certification and the report required under this section, the Secretary of State shall protect from disclosure any proprietary information of a United States person marked as business confidential information, unless the person submitting the information— had notice, at the time of submission, that the information would be released by; or subsequently consents to the release of the information. Proprietary information obtained by the United States Government from a United States person pursuant to the activities of deal teams shall be— considered to be trade secrets and commercial or financial information (as those terms are used for purposes of section 552b(c)(4) of title 5, United States Code); and exempt from disclosure without the express approval of the person. The requirements under subsections
(f)through
(h)shall terminate five years after the date of the enactment of this Act.
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Citation graph
cites case law
Sec. 202
Direction to embassy deal teams
Pub. L.Public Law 116-94
U.S.C.§ 9901
U.S.C.§ 3927
Pub. L.Public Law 115-232
U.S.C.§ 2371
U.S.C.§ 2780
U.S.C.§ 2151n
Cites 7Cited by 0 across 0 sources
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